Planning Committee – 15 November 2002

Councillors Briggs, Mrs Bromby, Gosling and Smith and attended the meeting under the provisions of Procedure Rule 38(b).

The committee met at the Community Centre, Crowle.

DECLARATIONS OF PREJUDICIAL AND NON-PREJUDICIAL PERSONAL INTERESTS AND DECLARATIONS OF SIGNIFICANT CONTACT WITH APPLICANTS OR THIRD PARTIES (LOBBYING) – The following members declared a non-prejudicial interest in the following matters:

Member

Minute No

Subject and Nature of Interest

Councillor Ellis

287 (i)

Application 02/0013
(Knew Applicant)

Councillor Whiteley

287 (v)

Application 02/1157
(Member of Bottesford Town Council)

The following members declared that they had been lobbied in respect of the applications as listed:

Councillor Holgate

284 & 290 (i)

02/1213 & 02/0592

Councillor Long

286

02/1222

Councillor Rocks

284

02/1213

Councillor Wardle

289 & 290 (ii)

02/1203 & 02/1337

282 REQUESTS TO SPEAK – PROCEDURE RULE 36(e) – It was reported that seventeen requests to speak had been received in accordance with Procedure Rule 36(e). The chair stated that the speakers would be able to address the committee prior to consideration of the respective items.

283 MINUTES – Resolved – That the minutes of the proceedings of the meeting held on 18 October 2002, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

284 APPLICATIONS DEFERRED FROM PREVIOUS MEETING – In accordance with the decisions at the previous meeting, members had undertaken site visits earlier in the day. The Director of Environment and Public Protection submitted reports and updated them orally.

(42) 02/1213 by Dr M Ahmad, Ahmadiyya Muslim Association for the change of use of a dwelling to a place of worship and community facility at 53 Cliff Closes Road, Scunthorpe.

Prior to consideration of this application, an objector and the applicant addressed the committee in accordance with the provisions of Procedure Rule 36 (e).

The applicant stated that the issues raised by the objectors were satisfactorily dealt with in the report.

He also stated that the Ahmadiyya Muslims had very different beliefs to other forms of Islam and for that reason they were not able to share other Muslim’s mosques.

The objector argued that Policy C5 had been wrongly interpreted in the report. There was no substantial demand for the proposed facility in the neighbourhood. The religion was the fastest growing in the world and therefore the number of worshippers was likely to grow. The building currently used by the Association attracted 30 to 40 worshippers at a time. The use would cause disturbance to neighbours and there was insufficient provision for car parking on the site. The way in which it was intended to use the building ought not to lead to parking problems and to help control this a permission limited to the present applicants was advised.

Councillor Gosling, attending the meeting in accordance with the provisions of Procedure Rule 38 (b), spoke against the application. He was concerned that the proposed use would lead to traffic congestion, that there was inadequate car parking provision and that there would be a loss of amenity to neighbouring properties.

The Director of Environment and Public Protection advised the committee that Policy C5 was a permissive policy. It was not necessary for an applicant to prove that there was a need locally for the facility. The important issue was whether there was any detrimental effect on local amenity. There was parking space within the site for several cars. It was not possible to enforce the means by which worshippers came to the site.

Resolved – That permission be granted in accordance with the recommendation contained in the report.

285 (43) 02/1149 by Mr and Mrs Taylor for the erection of an extension to a dwelling to form ground floor facilities for a disabled occupier at 15Atkinson Avenue, Brigg.

Prior to consideration of this application, a representative of the applicants addressed the committee in accordance with the provisions of Procedure Rule 36 (e). She explained that the extension was necessary to enable the applicants to continue to care for their disabled son at home.

The Director of Environment and Public Protection advised the committee that, whilst officers were sympathetic to the applicants, as the application was contrary to policy because of its length it had been brought to the committee.

Resolved – That permission be granted subject to a condition that development shall commence within five years of the date of the permission.

286 (44) 02/1222 by Mr and Mrs Perkins for the erection of a two-storey dwelling including the demolition of an existing garage block at The Poplars, Barton Road, Wrawby.

Resolved – That permission be granted in accordance with the recommendation contained in the report.

287 (45) PLANNING APPLICATIONS – The Director of Environment and Public Protection submitted a report incorporating a schedule containing details of applications for determination by the committee including summaries of policy context, representations arising from consultation and publicity and assessment of the applications. Officers updated the schedule orally in respect of late representations and other significant developments since its preparation.

Resolved – That the following applications be approved in accordance with the recommendations contained in the reports

(i) 02/0013 by Mr I Barkley for erection of a detached 4-bedroom dormer bungalow and detached garage at 39a King Street, Winterton.

(ii) 02/0680 by Mr M Ashraf for the erection of 1 detached 5-bedroom house with garage, 1 detached 4-bedroom house with garage and detached garage and 1 detached 4 – bedroom house and garage on land to the south of Howe Lane, Goxhill.

(iii) 02/0720 by JJ Gallagher Ltd for advertisement consent to retain an illuminated

(Prior to consideration of this application, an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e).

The objector stated that the objection was not to the present application itself, but rather to the potential construction of wind farms in the area in the future. He was concerned that this would damage the environment. The site was in a flood plain. Wind turbines were noisy and blades had been known to fall off. TV signals could be affected and there was a potential hazard to wildlife. The area did not need further industry.

Councillor Briggs, attending under the provisions of Procedure Rule 38(b), spoke against the application. He supported the development of renewable energy where this was competitive and commercially viable. The Revised Deposit Draft Local Plan stated that there was limited scope for the development of wind farms in North Lincolnshire due to low wind speeds. The present application was premature pending the submission of a comprehensive application for a wind farm.

The Director of Environment and Public Protection reminded members that that the application was for a single temporary mast to measure wind speeds)

(v) 02/1157 by Bottesford Town Council for the extension of the height of existing fencing (net) to ball park at Ball Park, Valley Park, off Bramley Crescent, Bottesford.

(Prior to consideration of this application an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e).

She stated that the fence would be twice the height of that around the tennis court. The character of the area would be adversely affected.

Councillor Mrs Bromby, attending under the provisions of Procedure Rule 38 (b), spoke in support of the application. She stated that the change of use from a tennis court to a ball park had not required planning permission. Refusing the application would not improve the quality of life of residents as ball games would still take place.)

(vi) 02/1216 by Mr C R Howsham for the change of use of retail premises to a restaurant at Warren House, Market Place, Barrow-upon-Humber.

(vii) 02/1241 by Mr S Squire for the erection of a detached 3-bedroom dormer bungalow on land adjacent to The Bungalow, Howe Lane, Goxhill.

(viii) 02/1243 by Miss K Thompson for the removal of Condition 4 of permission 7/71/91 dated 28/03/1991 (no construction traffic in connection with the development shall use Beck Lane to gain access to the site) at The Cottage, Beck Lane Redbourne

(Prior to consideration of this application, the applicant addressed the committee in accordance with the provisions of Procedure Rule 36(e). She argued that the condition was no longer enforceable due to a change in circumstances since it was imposed)

(ix) 02/1267 by Ms M Pheby for the erection of a domestic extension to a dwelling to provide first floor accomodation at Rose Lea, High Street, Garthorpe.

(Prior to consideration of this application an objector addressed the committee in accordance with the provisions of Procedure Rule 36 (e). He stated that he did not object to the ground floor extension. However the first floor extension would overlook the rear windows of the objector’s property. The pitch on the proposed roof was not high enough for a dormer.

The Director of Environment and Public Protection stated that amendments had been made at the request of officers to address the objector’s concerns.)

(x) 02/1270 by Mr and Mrs P Richardson for the erection of a detached 4-bedroomed house with integral garage on Plot 17, Applefields, off Vicarage Road, Wrawby.

(Prior to consideration of this application an objector and one of the applicants addressed the committee in accordance with the provisions of Procedure Rule 36(e).

The objector was concerned that the development would be too close to his own property. The back door of the house would face his own back door. The house would obscure the view from the objector’s rear garden. There would be noise disturbance.

The applicant stated that, in response to the objection, the proposed balcony had been removed from the proposed house. The site was a natural building plot. There were no windows overlooking neighbouring properties. As the site was to the north of existing properties there would be no affect on the amount of daylight received by neighbouring properties.)

(xi) 02/1273 by North Lincolnshire Council Social Services department for the provision of a new access to the site, including the closure of existing entrance and exit points, and the provision of a new car park and internal road layout including the removal of temporary buildings at Brumby Hospital, East Common Lane, Scunthorpe.

(xii) 02/1293 by Mr and Mrs P Uden for the erection of a detached 4-bedroom house with double garage on Plot 2, Town Farm, Silver Street, Barrow-upon-Humber.

288 01/1254 by Pelham Homes Lincoln Ltd for the erection of 24 house and garages/parking spaces with ancillary road and drainage works on land to the rear of 66-72 Burringham Road, Scunthorpe.

Prior to consideration of this application an objector addressed the committee in accordance with the provisions of Procedure Rule 36(e).

The objector was not opposed to the development of the site in principle, however he pointed out that the applicant company had removed some trees from the site prior to submitting the application. He also asked that a wall be provided along the length of a “snicket” running parallel to the western boundary of the site and that that “snicket” should not be used as a means of access for construction workers or traffic.

The Director of Environment and Public Protection informed the committee of a late amendment to the application relating to the proposed access arrangements. He advised members that the question of boundary treatment was covered by proposed condition 15 and assured them the proposals would have to be substantial in order to secure his approval.

Resolved – (a) That the committee is mindful to grant permission; (b) that the Assistant Director of Environment and Public Protection (Planning and Regeneration) be authorised to grant permission subject to (i) the conditions contained in the report, with the exception of Condition 3 to be amended to require the access to be as requested by the Highways Team, and (ii) the completion of an agreement under Section 106 of the Town and Country Planning Act 1990, providing for a contribution from the developer towards the cost of providing or maintaining public open space in the vicinity of the application site, and (c) that if the obligation is not completed by 31 March 2003, the Assistant Director be authorised to refuse the application on the grounds of inadequate provision for public open space as part of the development.

289 02/1203 by Mr G R Milner for the erection of a detached dwelling and garage on land between bridge and sluice gate, Ferry Road, Barrow Haven

(Prior to consideration of this application an objector and one of the applicants addressed the committee in accordance with the provisions of Procedure Rule 36(e).

The objector stated that he and other neighbours objected on the grounds of a loss of privacy, inadequate drainage, flood risk, that a bank previously removed should be replaced and road safety.

The applicant’s representative stated that the site had already had outline permission for 3 dwellings. The relevant criteria were met for development in this locality. Barrow Haven was a linear village.

The Director of Environment and Public Protection stated that the application was contrary to the strategy in the North Lincolnshire Revised Deposit Draft Local Plan which identified Barrow Haven as being in open countryside.

Resolved – That permission be refused in accordance with the recommendation contained in the report.

290 Resolved – That consideration of the following applications be deferred until the next meeting and that members visit the site prior to the meeting.

(i) 02/0592 by Mrs T M Nason for the retention of livery stables and riding school at Skyers Farm, Carrside, Epworth.

(Prior to consideration of this application an objector and the applicant addressed the committee in accordance with the provisions of Procedure Rule 36 (e)

The objector stated that she was not opposed to the business use but was concerned that the access to the site was down an unmade track. This was unsuitable for the volume of traffic generated by the business.

Cars approached the village at speed and often did not slow down in time. The track was a public footpath and walkers were in danger from traffic.

The applicant stated that the business had been operating successfully for three years. The riding school was a safe environment for the youngsters using it. There had been a working farm on the site since the sixteenth century and the site had been used for a variety of commercial uses in the past. Visitors to the business had been asked to observe an unofficial speed limit of 10 miles per hour).

(ii) 02/1337 by Mr J Chadderton for the erection of a detached 5-bedroom house with garage at Plot 19, Park View, Barton-upon-Humber.

(Prior to consideration of this application, an objector and the applicant addressed the committee in accordance with the provisions of Procedure Rule 36 (e). The objector felt that members should visit the site to appreciate the impact that the proposed dwelling would have.

The applicant said that the proposed dwelling had been re-sited to minimise the possibility of overlooking).

291 02/1260 by Mr V Wardle for the erection of two mobile field shelters for horses, a polytunnel for horticultural produce, 20 poultry houses and associated fencing and a feed storage shelter.

Resolved – That it be noted that this application has been withdrawn.

292 (46) APPEALS – The Director of Environment and Public Protection submitted a report informing members of the outcome of the following appeals: –

(i) Against the refusal of permission to vary condition 6 (relating to the use of aluminium or cast – iron rainwater goods painted or coloured black) and condition 7 (relating to the painting of all exterior woodwork in white) of permission 01/ 1042 at Manor Farm Barns, School Lane, Appleby – Appeal dismissed.

(iii) Against the refusal of permission to site 10 additional caravans to be used as a transit site to the south of The Chalet, Mill Hill View, Station Approach, Station Road, Kirton – in – Lindsey – Reference 01/1170 – Appeal allowed and partial award of costs made against the council.

(iv) Against the refusal of outline permission to erect a dwelling in connection with a farm holding on land adjacent to Poplars Farm, Jeffrey Lane , Belton – Reference 01/1298 – Appeal dismissed – council’s claim for costs refused.

(v) Against the refusal of outline permission to erect two dwellings on frontage site, land to the north of 87 Haxey Lane, Graizelound, Haxey – Reference 01/1499 – Appeal dismissed

(vii) Against an enforcement notice in respect of an unauthorised change of use to boarding and keeping dogs at Langham Cottage, Main Street, Howsham – Reference PLANCON/2001/510 – Appeal Dismissed and notice upheld subject to correction by the deletion of a reference to boarding, the period for compliance to be six months from the date of the appeal decision.

Resolved – That the report be noted

293 (47) STATISTICS OF PLANNING APPLICATIONS – JULY – SEPTEMBER 2002 – The Director of Environment and Publication Protection submitted a report informing members of the council’s performance in handling planning applications in the third quarter of 2002.